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Disadvantaged Business Enterprise Program
The DBE program is intended to ensure nondiscrimination in the award and administration of USDOT-assisted contracts in the highway, transit, and airport programs. The goals of the program are to remedy past and current discrimination against disadvantaged business enterprises, ensure a "level playing field" on which DBEs can compete fairly for DOT-assisted contracts, improve the flexibility and efficiency of the DBE program, and reduce burdens on small businesses.
These goals are, in part, accomplished by providing federal-aid projects with contract goals and implementing the South Carolina Unified Certification Program (SCUCP).
DBE GOAL FOR FY 05-06
In accordance with Code of Federal Regulations (49 CFR Parts 23 and 26) governing the DBE program, SCDOT has established proposed DBE goals for federal fiscal year 2005-2006. These goals apply to federally-assisted SCDOT contracts. The FFY05-06 proposed overall goals are as follows:
- For highway contract's - overall goal of 10.5%, with 3.0% to be met through race neutral methods and 7.5% with race conscious methods
- For mass transit contracts - overall goal of 3.0%, with all to be met through race neutral methods
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External Equal Opportunity Contract Compliance and On the Job Training
External Equal Opportunity Contract Compliance
External Equal Opportunity Contract Compliance Program consists of ensuring that all contractors and subcontractors working on federally funded construction projects throughout the state do not discriminate in employment and contracting practices based on race, color, religion (in the context of employment), sex, national origin, age or disability. For example, the Equal Opportunity (EO) requirements set forth in the Required Contract Provisions (FHWA-1273) are applicable to all contractors and subcontractors who hold Federal or Federal-aid contracts of $10,000 or more. The external Equal Employment Opportunity and On-the-Job Training Programs are the major components of the Contract Compliance Program. If EO complaints are received and/or discovered, investigations are conducted. Monitoring and investigations may involve both contractors and subcontractors in order to ensure that they are in compliance with all Equal Employment Opportunity laws and contract special provisions.
Equal Opportunity Requirement
EEO Manual
An EEO Manual has been developed to assist contractors with ensuring EO compliance. Contractors awarded projects within the state of South Carolina should follow the guidelines of this manual while working on federal-aid construction projects.
Stage-Type Inspecation (STI)
STIs are a monitoring tool that gives an overview of compliance with EO requirements on federal-aid projects. They also provide information used by the Office of Business Development and Special Programs for determining which contractors will receive an “In-Depth Review” and identifies issues that need to be addressed in order to assist the contractor in complying with EEO requirements.
In-Depth Reviews (IDRs)
The Office of Business Development and Special Programs conduct comprehensive IDRs on contractors’ compliance with EO requirements while working on highway construction projects. These reviews are conducted in compliance with federal regulations 23 CFR 230.409, 49 CFR, and FHWA-1273.
PR-1391
The PR-1391 captures the gender and race of the construction workforce in the state of South Carolina during the third pay period of July each year for all federal-aid projects. This information is submitted to Federal Highway Administration to assist with determining highway funding.
SCDOT Title VII Contractor Complaint Procedure
These procedures have been established for processing Title VII complaints as it relates to the SCDOT External EO Program. It is the responsibility of the South Carolina Department of Transportation (SCDOT) to investigate equal opportunity complaints filed against a construction contractor awarded a federal-aid contract, while ensuring due process for complainants. The process does not preclude the contractor from investigating complaints brought to its attention, nor does it preclude the complainants from filing a report of discrimination with South Carolina Human Affairs Commission (SCHAC), Equal Employment Opportunity Commission (EEOC), or any other investigative organization or agency. Likewise, this process does not preclude the complainant from attempting to informally resolve the complaint.
On-the-Job Training Requirements
The On-the-Job Training (OJT) Program is a federally funded program whose goal is to increase employment, training and advancement opportunities for minorities, females and disadvantaged individuals. Based on several criteria, training slots are assigned to federal-aid construction projects during the preparation of the bid package. Compliance with the OJT requirements is tracked through the use of Trainee Enrollment Forms (which are submitted directly to the Office of Business Development and Special Programs) and Monthly Training Status Reports (MTSR) and Trainee Termination Reports (which are submitted to the Resident Construction Engineer for his verification and signature and then forwarded to the Office of Business Development and Special Programs). In addition, on-site interviews are conducted with contractors and trainees as part of the monitoring process.
OJT Manual
An OJT manual has been developed to assist contractors with implementing their own OJT program and for completing the Training Special Provision (TSP) requirements on projects. All contractors awarded projects within the state of South Carolina will use this manual when fulfilling the TSP requirements.
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Contract Compliance
The external Equal Employment Opportunity
and On-the-Job Training Programs are the major components
of the Contract Compliance Program. In-depth Equal Employment
Opportunity (EEO) Reviews are conducted on construction contractors
and subcontractors if their contracts include $10,000 or more
in federal aid. These reviews are conducted to ensure compliance
with the EEO Provision of Title 23, which requires contractors
with contracts or subcontracts of $10,000 or more to employ
and advance individuals without regard to race, sex, color,
religion or national origin. Regulation 23 CFR sets forth
the policies and procedures by which to implement compliance
reviews. The contractors’ contract is also governed
by 42 CFR 60-4.2, which requires goals and timetables for
minority and female participation.
The On-the-Job Training (OJT) Program is a federally funded
program whose goal is to increase employment, training and
advancement opportunities for minorities, females and disadvantaged
individuals. Based on several criteria, training slots are
assigned to federal-aid construction projects during the
preparation of the bid package. Compliance with the OJT
requirements is tracked through the use of Trainee Enrollment
Forms (which are submitted directly to the Office of DBE
Program and Development) and Monthly Training Status Reports
and Trainee Termination Reports (which are submitted to
the Resident Construction Engineer for his verification
and signature and then forwarded to the Office of DBE Program
and Development). In addition, on-site interviews are conducted
with contractors and trainees as part of the monitoring
process.
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Title VI Program
Statement
It is the policy of SCDOT to assure affirmative
compliance with Title VI of the Civil Rights Act of 1964,
as amended, Title VIII of the Civil Rights Act of 1968,
and related statutes and regulations. The assurances previously
given the Federal Highway Administration are hereby reaffirmed
and extend to the Federal Transit Administration. Examples
of the application of this policy includes, but are not
limited to, the following:
No person in the State will on the grounds
of race, color, sex, age, handicap/disabilities or national
origin, be excluded from participation in, be denied the
benefit of, or be otherwise subjected to discrimination
under any program or activity for which the Department receives
federal financial assistance from the U. S. Department of
Transportation, including the Federal Highway Administration
and the Federal Transit Administration.
All Federally funded or Federally assisted
programs will be administered in a manner to guarantee that
the Department, other recipients, sub-recipients, contractors,
subcontractors, transferees, and other recipients, sub-recipients,
contractors, subcontractors, transferees, successors in
interest, and other participants in Federal financial assistance
comply with all requirements imposed by or pursuant to,
civil rights acts and Department of Transportation regulations.
The Department will not discriminate in its
selection and retention of contractors, including without
limitation, those whose services are retained for, or incidental
to, construction, planning, research, highway safety, engineering,
public transportation, property management, fee contracts,
and other formal commitments with person for services and
expenses incidental to the acquisition of right of way.
Discrimination will not be permitted against
any eligible persons in making relocation payments and /or
providing relocation assistance when required by highway
Right-of-Way acquisitions.
Federal-aid contractors may not discriminate
in their selection and retention of subcontractors who participate
in Federal-aid construction, acquisition of right of way
and related projects, including those who supply materials
and lease equipment.
The Department will not discriminate against
the traveling public, business users of Federally assisted
highways and public transportation users in their access
to and use of the facilities and services provided for public
accommodation (such as eating, sleeping, rest, recreation
and vehicle servicing) constructed on, over or under right
of way.
The Department will not locate, design a highway
or provide for transportation services in a manner that
will discriminate against any person based on his or her
race, color, sex or national origin.
In location, design and construction of highway
facilities, and transportation services, care will be exercised
to insure reasonable access to and use thereof by all persons
regardless of race, color, sex, age, handicap/disabilities
or national origin.
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If you have any comments or questions about
these programs, an online
form can be found on the Office of Business Development and Special Programs page. |
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